technology has of course changed so dramatically. i think it's time to walk through how to come up with a modern system of checks and balances. that's what i call upholding the constitution. >> senator wyden, you asked a question in writing to john brennan ahead of this hearing that quite literally has kept me awake at night. it has caused me insomnia thinking about it because of the blunt terms you put in it and because i hadn't thought of it before. you asked should an american who is targeted for killing by our government have the opportunity to surrender? and you asked john brennan that today. he responded that any american who is a member of al qaeda should know that we are with al qaeda and anybody who's in al qaeda can surrender at any time and thereby eliminate their risk of being killed by the united states. were you satisfied with that answer? >> i wasn't. and here's what's at stake. there are certainly instances where an american takes up arms against the united states, where i think it's important in order to protect the